N.M. Admin. Code § 19.2.15.13 - WITNESSES
A. Within such time
as the hearing officer establishes in the scheduling order, each party may
obtain from the hearing officer a subpoena for the attendance of all material
witnesses at depositions or hearings. Consistent with applicable law or court
rules, the hearing officer may charge a fee for the issuance of each such
subpoena, and may establish fees for the attendance of witnesses.
B. The hearing officer may, on the hearing
officer's own or at the request of any party or the commissioner, exclude
witnesses for the hearing during the testimony of other witnesses or at any
other time deemed proper or expedient.
C. All witnesses shall testify under
oath.
D. The hearing shall proceed
as scheduled without the attendance of a witness or a party if no prior
notification of absence and request for an extension of time was
received.
E. The testimony of a
witness or party unable to attend may be preserved by deposition. The hearing
officer may, if the hearing officer deems it helpful, accept affidavits of
witnesses unable to attend, but will weigh their probative value as
such.
Notes
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